State v. McDonald

The opinion of the court was delivered by

Johnston, C. J.:

James McDonald was prosecuted jointly with Dan Ryan for the offense of burning several stacks of rye owned by McDonald, which had been insured against loss by fire, and that it had been done with the intent to defraud and prejudice the insurance company. On a separate trial McDonald was found guilty of arson in the third degree and from the judgment of conviction he appeals:

Dan Ryan was a witness in behalf of the state, and his evidence was to the effect that he had set fire to the stacks upon the request and by the procurement of the…